High Court of DelhiW.P.(CRL)/3361/2016

Devendri @ Sunita v. State

2017-02-28Hon'Ble Mr. Justice Vipin Sanghi2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3361/2016 DEVENDRI @ SUNITA ..... Petitioner Through:

Ms. Rakhi Dubey, Advocate versus STATE ..... Respondent Through:

Ms. Megha, Advocate for Mr. Avi Singh, ASC with SI Sumit Kumar, PS Kalyanpuri.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 28.02.2017 Learned counsel for the petitioner states that no one from the family of the petitioner has contacted her. She submits, on instructions, that the petitioner shall reside at the address at village Kherpur which has been got verified by the State.

The petitioner seeks parole for a period of three months on the ground that she has to restore her social ties and meet her minor son. The nominal roll on record shows that the petitioner stands convicted in case FIR No. 486/02 under Sections 365/396/412 IPC registered at police station Kalyanpuri. The petitioner is serving a life sentence. She has spent 12 1⁄2 years imprison. The petitioner was released on parole and on the last occasion, she surrendered late by one day.

Learned counsel for the petitioner submits that the said delay was on account of the fact that her minor son had suffered an accident. Learned counsel submits that the petitioner had earlier been released on parole in

2012 and she surrendered on time. It has been nearly nine months since the time when she was lastly released on parole. The petitioner is involved in one other case being FIR No. 31/03 under Sections 302/201/394/412 IPC registered at police station Pilakhwa, U.P. The petitioner has been granted bail in the said case.

Since the address of the petitioner has been got verified and learned counsel, on instructions, submits that the petitioner shall be residing at the said address only, considering the fact that the petitioner was lastly released on parole nearly nine months ago and she has already served over 12 1⁄2 years of her sentence, it is directed that the petitioner shall be released on parole for a period of three weeks upon her furnishing personal bond in the sum of Rs. 5,000/- with one surety in the like amount to the satisfaction of the Jail Superintendent. This is further subject to the conditions that; i) she shall provide her mobile phone number to the Jail Superintendent at the time of his release, which shall be kept in working condition at all times. The same shall not be changed without prior intimation to the Jail Superintendent;

ii) she shall report at the local police station to mark her attendance on every Monday at 11:00 a.m. during the period of parole; iii) she shall duly surrender at the end of the period of parole; and iv) she shall also not indulge in any criminal activity while on parole. The petition stands disposed of. A copy of this be also communicated to the Jail Superintendent for compliance.

VIPIN SANGHI, J FEBRUARY 28, 2017 sl